International Arbitration & Cross-Border Litigation
When disputes arise out of international transactions and investments, most companies prefer to resolve them under trusted international arbitration rules rather than in unfamiliar foreign courts. McMillan lawyers are experienced advocates for clients before a wide range of international arbitration tribunals. We have handled international arbitrations involving parties from all corners of the world, arising from international contracts in virtually all major industries.
We are one of few Canadian law firms to consistently be ranked among the world’s top 100 international arbitration law firms, as selected by Global Arbitration Review. Many of our international arbitration lawyers have also been recognized by leading directories such as Chambers Global, Who’s Who Legal: Commercial Arbitration, Best Lawyers in Canada, Lexpert and Euromoney’s Guide to the Leading Experts in Commercial Arbitration.
When clients invest in emerging economies, McMillan’s international arbitration lawyers can play a critical role. We review dispute resolution provisions in commercial contracts and assist companies to structure their investments to obtain treaty protections from threats of expropriation and other unfair actions of a host state. We also represent investors in arbitrations brought against states under a wide range of bilateral investment treaties and free trade agreements.
McMillan’s Cross-Border Litigation team has appeared before all levels of court in all major Canadian jurisdictions in a wide-range of international litigation. We have addressed challenges to the jurisdiction of Canadian courts over foreign parties and enforced foreign arbitral awards, court judgments and orders, including through pre-judgment orders to preserve assets in Canada. We have also advised businesses on treaties, legislation and customary international law relating to international sales transactions, foreign state immunity and international human rights claims.
Deals and Cases
Insights (10 Posts)View More
Canada and the UK will maintain a strong trade relationship and preferential market access through a complex and expansive web of trade agreements.
Canada-Taiwan FIPA Latest Milestone in Canada’s Indo-Pacific Strategy.
The panel will focus on a range of current commercial dispute resolution and access to justice issues affecting Canadian businesses that operate, or are considering operating in Ireland and/or the UK.
Arbitrator’s “Mind of His Own” Results in Procedural Unfairness: Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp)
Ontario Superior Court of Justice holds that arbitrator's decision to exclude evidence and ignore parties' agreement amounted to procedural unfairness.
Overview and analysis of disputes under the Canada-United States-Mexico Agreement, including bi-national panel review, ISDS, and general dispute settlement
Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.
The Ontario Court of Appeal decision in Tall Ships Development Inc. v. Brockville (City) illustrates when a Court will interfere with an arbitration award.
One Year On: Economic Sanctions Have Become a Primary Tool of Canadian Foreign Policy and New Russian Sanctions are Imposed
Canada continues to impose sanctions against additional countries, including Sri Lanka, Haiti, and Myanmar, and joins the G7 Enforcement Coordination Mechanism.
As NAFTA Legacy Claims Window Closes, Canadian Businesses with Investments in Mexico Maintain Important Protections under CPTPP
Time is running out for investors to launch NAFTA legacy claims, however Canadian claimants maintain important protections against Mexico under the CPTPP.
Sanctions Pivot: Canada Seeks Forfeiture of Russian-Owned Assets to Fund Reconstruction of Ukraine and Adds Oil Price-Cap Restrictions
Canada, in a first for G7 states, seeks seizure & forfeiture of sanctioned oligarch's assets for use in compensation & reconstruction of Ukraine.
Get updates delivered right to your inbox. You can unsubscribe at any time.